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Entered according to Act of Congress, December 27, 1876, in the Office 
of the Librarian of Congress, at Washington. 


THE OA.SE 


THE OA.SE 



BETWEEN THE 


PRESIDENTIAL CANDIDATES. 


STATEMENT OF THE CONTROVERSIES 


KESPECTING 


THE PRESIDENTIAL VOTE 


IN THE 


States of Florida, Louisiana, Michigan, Missouri, New 
Jersey, Oregon, Rhode Island, South Carolina, 
Virginia and Vermont, 

TOGETHER WITH 

Verbatim Copies of the Statutes of said States under 
which the Controversies have arisen^ and by 
lohich they are to be decided. 



COMPILED BY A. W. HART, ATT’Y-AT-LAW. 


/ • 


Printed by John L. Gin 


WASHINGTON : 


633 F Street, 
1876. 



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INTRODUCTION. 


The following pages give a verbatim transcript of such 
portion of the statutes of Florida, Michigan, Missouri, 
New Jersey, Oregon, Ehode Island, South Carolina, Ver¬ 
mont and Virginia as have any importance in respect to 
the controversies which have arisen in those States con¬ 
cerning the presidential or electoral vote. An unbiased 
statement is prefixed to the statute of each of said States, 
giving briefly the origin or cause of the controversy. 

Every intelligent citizen will, by this means, be enabled 
to judge for himself of the legality of the acts of Returning 
Boards, Vote-Canvassers, Electors, or Governor, as the case 
may be, and thus arrive at a satisfactory conclusion upon 
the vexed question, whether Hayes or Tilden has been duly 
elected. 






JERRA T A 


Page8, last line, for “merely supplementary to ” read “ amendatory 
of.” 

Page 13, under “ Oregon,” strike out last two paragraphs and sub¬ 
stitute : 

Governor Grover held he could fill the vacancy, and caused a certifi¬ 
cate to be given to one Cronin, a Democratic candidate for elector, 
who thereupon claimed the right to sit and vote with the electors duly 
elected, upon the ground that he had received the next highest number 
of votes after Watts. His claim was denied, and the vacancy filled by 
the electors. Cronin then appointed two others as electors with him¬ 
self, and took measures to send their votes to Washington. 

The question is whether the vacancy could be legally filled by the 
electors, or whether Governor Grover had authority to issue a certifi¬ 
cate to Cronin instead. 




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FLORIDA. 


The question in this State is chiefly whether the Board 
of State Canvassers are bound to canvass the vote as 
^iven on the face of the returns, or whether they have 
judicial powers, enabling them to reject the vote of a 
county or precinct. For example, in Manatee county the 
clerk resigned before election, and the Governor failed to 
appoint. An election was held notwithstanding, inspec¬ 
tors appointed, and the registration list of 1875 used. 
The inspectors made up the returns and sent them to the 
county Board of Canvassers. The vote of Manatee county 
was hence rejected for informality. (The vo^B^as small, 
and mostly Democratic.) On Dec. 23d, the Su^eme Court 
of the State ordered a mandamus to issue to the Board of 
State Canvassers, commanding them to canvass the vote 
on the face of the returns. 

Laws of Florida. (1868). 

Qualifications and Disabilities of Electors, and Registration, 
S ECTiON 7. It shall be the duty of the clerk of the 
circuit court in each county to prepare suitable books or 
lists, as hereinafter designated, for the registration of the 
names of the electors. 

“ Sec. 8. No person shall be entitled to vote at any elec¬ 
tion unless he shall have duly registered six da^^s previous 
to the day of the election.” 

Conducting Elections. 

Section 9. The County Commissioners, or a majority 
of them, shall meet at the office of the clerk of the cir¬ 
cuit court w'ithin thirty days preceding the day on which 
any election shall be held, and examine the list of registered 
electors, &c., &c. * * And the County Commissioners 

shall at the same meeting appoint a board of three dis¬ 
creet electors, to be inspectors of the election for each 
3 


4 


place designated for voting within the county; and shall 
also at said meeting designate so many places for holding 
such election within the county as may be deemed neces¬ 
sary for the convenience of the electors; and shall cause 
three notices of such designation and appointment of in¬ 
spectors to be posted conspicuously in the vicinity of each 
place so designated, twenty days before the election. 

‘‘ Sec. 10. A complete copy of the list of the names of all 
persons duly registered as electors shall be furnished to the 
inspectors of elections at each poll or place of voting in the 
county before the hour appointed for opening the election. 
The clerk shall prepare and certify such copies, and furnish 
the same sheriff at least two days before the day of 

holding tl^^Pt'ctiou, and the sheriff* shall cause one of 
such lists toTe delivered to one of such inspectors before 
the time for opening the election. 

“ Sec. 11. In case of the death, absence, or refusal to act 
of any or all of the inspectors appointed by the County 
Commissioners, the electors present at the time appointed 
for opening the election may choose, viva voce, from the 
qualified electors, such a number as, together with the in¬ 
spector or inspectors present, if any, will constitute a board 
of three, and the persons so chosen shall be authorized to 
act as inspectors at that election. The inspector shall, be¬ 
fore opening the election, choose a clerk, who shall be a 
qualified elector, and said inspectors and clerk, previous to 
receiving any votes, shall each take and subscribe an oath 
or affirmation in writing that they will, &c.” 4 * 

Canuass by the Inspectors. 

‘‘Sec. 21. As soon as the polls of an election shall be 
finally closed, the inspectors shall proceed to canvass the 
votes cast, &c. &c. * 

“ Sec. 23. The canvass being completed, duplicate certifi¬ 
cates of the result shall be drawn up by the inspectors or 


6 


clerk, containing in words written at full length the name 
of each person voted for, for each office, the number of 
votes cast for each person for such office, which certificates 
shall be signed by the inspectors and clerk, and one of such 
certificates shall, by one of their number, be without delay 
delivered, securely sealed, to the clerk of the circuit court, 
and the other to the county judge of the county; and the 
poll list and oaths of the inspectors and clerks shall also 
be transmitted with the certificate to the clerk af the cir¬ 
cuit court, to be filed in his ofiice.” 


County Canvass. 


“ Sec. 24. On the sixth day after any electinr, or sooner 
if the returns shall have been received, it shall be the duty 
of the county judge and clerk of the circuit court to meet 
at the office of said clerk, and take to their assistance a 
justice of the peace of the county, (and in case of the ab¬ 
sence, sickness, or other disability of the county judge or 
clerk, the sheriff shall act in his place,) and shall publicly 
proceed to canvass the votes given for the several oflicers 
and persons, as shown by the return on file in the oflaceof 
such clerk or judge, and shall then make and sign dupli¬ 
cate certificates, containing in words and figures written 
at full length, the whole number of votes given for each 
office, the names of the persons for whom such votes were 
given for such ofl[ice, and the number of votes given to 
each person for such office. Such certificate shall be re¬ 
corded by the clerk in a book to be kept by him for that 
purpose, and one of such duplicates shall be immediately 
transmitted by mail to the Secretary of State, and the 
other to the Governor of the State.” 


“ Sec. 27. The person who shall receive the highest 
number of votes cast for any office shall be elected to such 
office.” (The remainder of this section relates to the case 
of a tie vote.) 


6 

Act Approved February 27, 1872. 

Duties and Powers of the State Canvassers. 

“ Sec. 4. On the thirty-fifth day after the holding of any 
general or special election, for any State officer, member 
of the legislature, or Representative in Congress, or sooner, 
if the returns shall have been received from the several 
counties, wherein elections shall have been held, the Secre¬ 
tary of State, Attorney General, and the Comptroller of 
Public Accounts or any two of them, together with any 
other member of the cabinet who may be designated by 
them, shall meet at the office of the Secretary ot State, 
and form a Board of State Canvassers, and proceed to can¬ 
vass the reh^s of said election, and determine who shall 
have been^B;ted to any such office or as such members 
as shown By^the returns. If any such returns shall be 
shown or shall appear so irregular, false or fraudulent that 
the board shall be unable to determine the true vote for any 
such officer or member, they shall so certify, and shall not 
include such return in their determination and declaration, 
and the Secretary of State shall preserve and file in his office 
all such returns, together with such other documents and 
paper as may have been received by him or by said 
Board of Canvassers, The said board shall make and 
sign a certificate containing in words written at full length 
the whole number of votes for each office, the number of 
votes given for each person for each office, and for mem¬ 
ber of the legislature, and therein declare the result, which 
certificate shall be recorded in the office of the Secretary 
of State, in a book to be kept for that purpose ; and the 
Secretary of State shall cause a certified copy of such 
certificate to be published once in one or more newspapers 
printed at the seat of government.” 


LOQISIANA. 

The contest in this State is chiefly over the statutory 
power and authority of the Returning Board to reject the 
votes cast in certain parishes. The rejection was upon the 
ground of intimidation, riot, &c., having prevented a fair 




7 


vote in such parishes. The vote “actually cast” gave a 
majoity to the Tilden electors. Omitting the vote of the 
parishes where intimidation was claimed, the vole gave a 
majority to the Hayes electors. 

There is also a minor question as to the legality of the 
Board, a vacancy existing in it not having been filled. 

Revised Statutes of Louisiana (1870.) Law of 1868. 

“Section 54. The Governor, the Lieutenant Governor, 
the Secretary of State, and Jolm Lynch and T. C. Ander¬ 
son, or a majority of them, shall be the returning officers 
for all elections in the State, a majority of whom shall 
constitute a quorum and have power to maji^ the returns 
of all elections. In case of any vacancy by^death, resig¬ 
nation, or otherwise, by either of the board, then the 
vacancy shall be filled by the residue of the board of re. 
turning officers.” 

[Here follows the form of oath taken by them.] 

“ Within ten days after the closing of the election, said 
returning officers shall meet in New Orleans to canvass 
and compile the statements of votes made by the Super¬ 
visors of Registration, and make returns of the election 
to the Secretary of State. They shall continue in session 
until such returns have been completed. The Governor 
shall, at such meeting, open, in the presence of the said 
returning officers, the statements of the Supervisors of 
Registration; ancT the said returning officers shall, from 
said statements, canvass and compile the returns of the 
election in duplicate. One copy of such returns they 
shall file in the office of the Secretary of State, and of one 
copy they shall make public proclamation by printing in 
the official journal and such other newspapers as they may 
deem proper, declaring the names of all persons and offi¬ 
cers voted for, the number of votes for each person, and 
the names of the persons who have been duly and lawfully 


8 


elected. The returns of the elections thus made and pro¬ 
mulgated shall be prhna facie evidence in all courts of 
justice and before all civil officers, until set aside, after a 
contest, according to law, of the right of any person 
named therein to hold and exercise the office to which he 
shall by such return be declared elected. The Governor 
shall, within thirty days thereafter, issue commissions to 
all officers thus declared elected, who are required by law 
to be commissioned. 

“ Sec. 2829. The electors shall meet at the seat of gov¬ 
ernment on the day appointed for their meeting by the 
act of Congress—the first Wednesday in December—and 
shall then and there proceed to execute the duties and 
services enjoined upon them by the Constitution of the 
United States in the manner therein prescribed. 

Sec. 2830. If any one or more of the electors chosen 
by the people shall fail, from any cause whatever, to attend 
at the appointed place at the hour of 4 p. m. of the day 
prescribed for their meeting, it shall be the duty of the 
other electors immediately to proceed by ballot to supply 
such vacancy or vacancies.” 

Law of 1872. 

The object of this law is defined in the title. It has 
been suggested by the Democratic Committee (Messrs. 
Palmer, Trumbull et al,) who lately visited Louisiana, that 
it may, perhaps, be regarded as repealing the law of 1868. 

But the same committee state truly, that if such be the 
fact, then there is no law whatever in Louisiana author¬ 
izing an election for choice of electors for President and 
Vice-President, since the law of 1868 alone provides for 
such election. The con]mittee make the suggestion only, 
and abstain from argument. 

The generally received opinion is that the law of 1872 
is merely supplementary to the law of 1868. 



9 


Title, 

‘‘To regulate the couduct and to maintain the freedom and 
purity of elections; to prescribe the mode of making 
returns theieof; to provide for the election of returning 
officers and defining their powers and duties; to pre¬ 
scribe the mode of entering on the rolls of the Senate 
and House of liepresentatives; and to enforce article 
one hundred and three of the Constitution. 

“ Section 2. Be it further enacted, ^c., That five persons 
to be elected by the Senate from all political parties shall 
be the returning officers for all the elections in the State, 
a majorit}^ of whom shall constitute a quorum, and have 
power to make the returns of all elections. In case of 
any vacancy by death, resignation, or otherwise, by either 
of the board, then the vacancy shall be filled by the 
residue of the board of returning officers.” 

[Here follows the form of oath taken by the returning 
officers.] 

“ Within ten days of the closing of the election said re¬ 
turning officers shall meet in New Orleans, to canvass and 
compile the statements of votes made by the commission¬ 
ers of election, and make returns of the election to the 
Secretary of State. They shall continue in session until 
such returns have been compiled. The presiding officer 
shall, at such meeting, open in the presence of said return¬ 
ing officers the statements of the conjmissioners of election, 
and the said returning officers shall, from said statements, 
canvass and compile the returns of the election,” &c. 

[The remainder of this section is immaterial to either 
side of the case.] 

“ Sec. 8. Be it further enacted, ^c.. That in such canvass 
and compilation the returning officers shall observe 


10 


the following order: They shall compile first the state¬ 
ments from all polls or voting places at which there shall 
have been a fair, free and peaceable registration and elec¬ 
tion. Whenever from any poll or voting place tbore shall 
be received the statement of any Supervisor of Registra¬ 
tion or Commissioner of Election, in form as required by 
section twenty-six of this act, on affidavit of three or more 
citizens, of any riot, tumult, acts of violence, intimidation, 
armed disturbance, bribery, or corrupt infiuences, which 
prevented, or tended to prevent, a fair, free, and peaceable, 
vote of all qualified electors entitled to vote at such poll 
or voting place, such returning officers shall not canvass, 
count, or compile, the statement of votes from such poll 
or voting place until the statements from all other polls or 
voting places shall have been canvassed and compiled. 
The returning officers shall then proceed to investigate 
the stateuients of riot, tumult, acts of violence, intimida¬ 
tion, armed disturbance, bribery, or corrupt influences, at 
any such poll or voting place ; and if, from the evidence 
of such statement, they shall be convinced that such riot, 
tumult, acts of violence, intimidation, armed disturbance, 
bribery, or corrupt influences, did not materially interfere 
with the purity and freedom of the election at such poll 
or voting place, or did not prevent a sufficient number of 
qualified voters thereat from registering or voting, to 
materially change the result of the election, then, and not 
otherwise, said returning officers shall canvass and com¬ 
pile the vote of such poll or voting place with those pre¬ 
viously canvassed and compiled ; but if said returning 
officers shall not be fully satisfied thereof, it shall be 
their duty to examine further testimony in regard thereto, 
and to this end they shall have power to send for persons 
and papers. If, after such examination, the said returning 
officers shall be convinced that said riot, tumult, acts of 
violence, intimidation, armed disturbance, bribery, or cor¬ 
rupt influences, did materially interfere with the purity 


il * 


and freedom of the election at such poll or voting place, 
or did prevent a sufficient number of the qualified electors 
thereat from registering and voting, to materially change 
the result of the election, then the said returning officers 
shall not canvass or compile the statement of the votes of 
such poll or voting place, but shall exclude it from their 
returns; provided, that any person interested in said elec¬ 
tion, by reason of being a candidate for office, shall be 
allowed a hearing before said returning officers, upon 
making application within the time allowed for the for¬ 
warding of the returns of said election.” 

Sec. 71. Be it further enacted^ ^c.. That this act shall 
take effect from and after its passage, and all others on 
the subject of election laws be and the same are hereby 
repealed. 


MICHIGAN. 

Compiled Laws (1871). 

Republican candidate for elector ineligible because an 
office holder. Vacancy filled by electors present on the 
day appointed. 

Section 84. The electors of President and Vice-Presi¬ 
dent shall convene at the capital of the State on the first 
Wednesday of December; and if there shall be any vacancy 
in the office of elector, occasioned by death, refusal to act, 
neglect to attend by the hour of twelve o’clock at noon of 
that day, or on account of any two of such electors having 
received an equal and the same number of votes, the 
electors present shall proceed to fill such vacancy by ballot 
and plurality of votes; and when all the electors shall 
appear, or vacancies shall be filled, as above provided, 
they shall proceed to perform the duties of such electors, 
as required by the Constitution and laws of the United 
States. 



12 


MISSOUKI. 

C. II. Thornton, one of the Democratic electors failed 
to attend the meeting on the day appointed, and the other 
electors filled the vacancy. A protest was filed by Chas. 
E. Steipel, the Republican elector, against Gen. D. M. 
Frost acting as elector, because his political disabilities had 
not been removed. General Frost resigned, and Le Graye 
Atwood was appointed to fill the vacancy. Steipel de¬ 
manded from the Governor a certificate of election, to 
fill the place of General Frost, which was refused. 

Missouri Statutes, (1872.) 

‘‘ Section 22. The Governor shall, on or before the 
meeting of such electors, cause three lists of the names of 
such electors to be made and delivered to them, as required 
by act of Congress.” 

‘‘ Sec. 25. If the electors appointed under chapter three 
of the General Statutes, or any of them, shall fail to attend 
at the seat of government by the hour of two o’clock in 
the afternoon of the day appointed by act of Congress for 
their meeting, then the electors present may appoint other 
persons to act as electors in the place of those absent.” 


NEW JERSEY. 

The question in this State is analogous to that raised in 
Oregon. When the electoral college met, the State Re¬ 
publican Executive Committee filed a protest against the 
eligibility of one Williamson, a Democratic candidate for 
elector, on the ground that he was a United States Com¬ 
missioner. Williamson had met with the electoral college, 
when the protest was made, but at once resigned, and 
James Hay (Democrat) was nominated to fill the vacancy, 
against which the Republicans protested, alleging the act 
was not under the statute. 



13 

Laws of New Jersey (1709—1868). 

“ An Act to Regulate Elections^ (1846.) 

“ Sec. 14. When any vacancy shall happen in the col¬ 
lege of electors of this State, or when any elector shall 
fail to attend by the hour of three o’clock in the afternoon 
of the clay fixed by the Congress of the United States for 
the meeting of the college of electors, at the place of hold¬ 
ing such meeting, those of the said electors who shall be 
assembled at the said hour and place, shall immediately 
after that hour proceed to fill, by ballot and by a majority 
of votes, all such vacancies in the electoral college.” 


OREGON. 

Watts, one of the persons voted for as a Republican 
elector was constitutionally ineligible, being the incum¬ 
bent of “ an office of trust and profit under the United 
States.” 

Governor Grover held there was a vacancy, and caused 
a certificate to be given to one Cronin, a Democratic can¬ 
didate for elector, who thereupon claimed the right to sit 
and vote with the other electors, upon the ground that 
he had received the next highest number of votes after 
Watts. His claim was denied, and the vacancy filled by 
the other electors. Cronin then appointed two other 
electors with himself, and took measures to send their 
votes to Washington. 

The question is, whether there was a vacancy, and if so, 
whether it could be legally filled by the other electors, or 
whether Governor Grover had authority to issue a certifi¬ 
cate to Cronin instead. 



14 


General Laws of Oregon (1843—1872). 

Chapter XIY, Title IX. Of the Election of Presidential 
Electors. 

Sec. 59. The electors of President and Vice-President 
shall convene at the seat of government on the first 
Wednesday of December next after their election, at the 
hour of twelve of the clock at noon of that day, and if 
there shall be any vacancy in the oflSce of an elector, occa¬ 
sioned by death, refusal to act, neglect to attend or other¬ 
wise, the electors present shall immediately proceed to fill, 
by viva voce and plurality of votes, such vacancy in the 
electoral college, and when all the electors shall appear, 
or the vacancies, if any, shall have been filled as above 
provided, such electors shall proceed to perform the duties 
required of them by the Constitution and laws of the 
United States. 

‘‘Sec. 60. The votes for the electors shall be given, re¬ 
ceived, returned, and canvassed as the same are given 
returned, and canvassed for members of Congress. The 
Secretary of State shall prepare two lists of the names of 
the electors elected, and afiix the seal of the State to the 
same. Such lists shall be signed by the Governor and 
Secretary, and by the latter delivered to the college of 
electors at the hour of their meeting on such first Wednes¬ 
day of December.^’ 

The clause, in last section (60), “ as the same are given, 
returned, and canvassed for members of Congress,” re¬ 
quires reference to be made to sec. 33 of the act of January, 
11, 1854, which is as follows : 

“ The county clerk, immediately after making the ab¬ 
stract of the votes given in his county, shall make a copy 
of each of said abstracts, and transmit it by mail to the 
Secretarj" of State, at the seat of government, and it shall 
be the duty of the Secretary of State, in presence of the 


15 


Governor, to proceed, within thirty days after the election, 
and sooner, if the returns be all received, to canvass the 
votes given for Secretary and Treasurer of State, justices 
of the suprenae court, member of Congress, and district 
attorneys; and the Governor shall grant a certificate of 
election to the person having the highest number of votes 
for either of such offices, and shall also issue a proclama¬ 
tion declaring the election of such person.” 


KHODE ISLAND. 

Case same as Michigan and Oregon. Ineligibility of 
an elector (Republican), and vacancy filled by electors 
present. 

Revised Statutes of Rhode Isalnd (1857). 

Title VII, Chap. XXVIII. 

‘‘Sec. 7. If any electors, chosen as aforesaid, shall, after 
their said election, decline the said office, or be prevented 
by any cause from serving therein, the other electors, when 
met in Bristol in pursuance of this chapter, shall fill such 
vacancies, and shall file a certificate in the Secretary’s 
office of the person or persons by them appointed.” 


SOUTH CAROLINA. 

The Board of State Canvassers rejected the vote cast in 
the counties of Edgefield and Laurens, on the ground of 
intimidation, &c., which left a majority for Hayes. The 
question is, the legal power of the board to reject the re¬ 
turns of the counties named. 

There is, likewise, a question whether the board were 
bound to obey the order of the supreme court of the State, 
to include the vote of those counties in their return, but 
Judge Bond has lately decided it in the negative. 




16 


Revised Statutes of South Carolina. 

Of the Formation and Proceedings of the Board of State 
Canvassers. 

Sec. 22. The Secretary of State, Comptroller General, 
Attorney General, State Auditor, State Treasurer, Adju¬ 
tant and Inspector General, and the Chairman of the 
Committee on Privileges and Elections of the House of 
Representatives, shall constitute the State canvassers, four 
of whom shall be a sufficient number to form a board. 

Sec. 23. If a majority of these officers shall be unable,, 
or shall fail to attend, the President of the Senate, being 
notified by the Secretary of State, shall attend without 
delay, and, with the officers attending, shall form a board. 

Sec. 24. The board, when thus formed, shall, upon the 
certified copies of the statements made by the board of 
county canvassers, proceed to make a statement of the 
whole number of voles given at such election for the 
various officers, and for each of them voted for, distin¬ 
guishing the different counties in wdiich they were given. 
They shall certify such statements to be correct, and sub¬ 
scribe the same with their proper names. 

Sec. 25. They shall make and subscribe, on the proper 
statement, a certificate of their determination, and shall 
deliver the same to the Secretary of State. 

Sec. 26. Upon such statements they shall then proceed 
to determine and declare, wffiat persons have l)een, by 
the greatest number of votes, duly elected to such offices, 
or either of them. They shall have power, and it is made 
their duty, to decide all cases under protest or contest that 
may arise when the powder to do so does not, by the 
Constitution, reside in some other body. 

Of the Formation and Proceedings of the College of Electors. 

Sec. 13. The electors of the President and Vice-Presi¬ 
dent shall convene at the Capital, in some convenient 


17 


place, on the day preceding the first Wednesday in De¬ 
cember after their election ; and those of them who shall 
be so assembled at four o’clock in the afternoon of that 
day, shall, immediately after that hour, proceed to fill, by 
ballot, and by plurality of votes, all vacancies in the 
electoral college occasioned by the death, refusal to serve, 
or neglect to attend at that hour, of any elector, or occa¬ 
sioned by an equal number of votes having been given 
for two or more candidates. 

Sec. 16. On the said first Wednesday in December, the 
electors shall meet at some convenient place at the Capital 
and then and there vote by ballot for President and Vice- 
President, one of whom at least shall not be an inhabitant 
of the same State with themselves. They shall name in 
their ballots the persons voted for as President, and, in 
distinct ballots, the persons voted for as Vice-President. 

Sec. 17. They shall make distinct lists of all persons 
voted for as President and of all persons voted for as Vice- 
President, and of the number of votes for each, which 
lists they shall sign and certify; and after annexing thereto 
one of the lists received from the Secretary of State, they 
shall seal up the same, certifying thereon that lists of the 
votes of the State for President and Vice-President are 
contained therein. 


VERxMONT. 

One of the persons voted for as Republican elector was 
ineligible, being postmaster of the town of Bridgport. 

The legislature passed a remedial act, but a Democratic 
elector, Sollace, claimed the vacant seat. The other elec¬ 
tors denied his right, and filled the vacancy. Whereupon, 
Sollace formally protested, and took measures to present 
his claim and vote to Congress at the convention of the 
two Houses on the 2d Wednesday of February next. 



18 

General Statutes of Vermont. (1862.) 

Sec. 63. The clerks and sheriffs,* as aforesaid, shall, 
within five days after counting said votes, give notice to 
the persons elected, who are hereby directed to meet at 
the State house in Montpelier on the day before the first 
Wednesday of December to vote for President and Vice- 
President of the United States, agreeably to the laws of 
the United States; and in case any person so elected an 
elector shall neglect to attend at the place aforesaid, on 
the day before the first Wednesday of December, as afore¬ 
said, it shall be the duty of the other electors present to 
fill by ballot the vacancy thus occasioned. 

Supplementary Law. 

An Act in relation to Presidential Electors. (Nov. 17,1876.) 

It is hereby enacted by the General 

Assembly of the State of Vermont: 

Sec. 1. If there shall be any vacancy in the office of an 
elector for President or Vice-President of the United 
States at the time provided by law for the meeting and 
action of the electors, occasioned by death, refusal to act, 
neglect to attend, or in any other manner or for any other 
cause—the other electors present shall immediately fill, 
by viva voce and plurality of votes, such vacancy, in the 
electoral college ; and when all the electors shall appear, 
or the vacancy therein shall have been filled, as before 
provided, such electors shall proceed—at the State house 
in Montpelier on the day appointed by law—to perform 
the duties required of them by the Constitution and laws 
of the United States; and if any such vacancy shall occur 
and shall be filled as aforesaid, the electors shall attach 


♦Clerks or sheritFs of towns are authorized by the preceding sections 
( 62 ) to make a preliminary canvass of the votes cast and return the 
same to the Secretory of State for the State. 



19 


to the certificate of their votes a statement showing how 
such vacancy occurred and their action thereon. 

Sec. 2. This act shall take efitect from its passage. 


VIRGINIA. 

Case same as in Michigan and Oregon. Ineligibility 
of an elector (Holliday, Democratic,), and vacancy filled by 
the electors present. 

Code of Virginia. (1873.) 

Title III, Chap. V. 

‘‘ Sec. 10. The electors shall convene at the capitol, in 
the city of Richmond, on the first Wednesday of Decem¬ 
ber, after their election, at the hour of twelve o’clock at 
noon of that day; and if there be any vacancy in the oflice 
of electors, occasioned by death, refusal to act, neglect to 
attend, or other cause, the electors present shall immedi¬ 
ately proceed to fill by ballot, and by plurality of votes, 
such vacancy in the electoral college; and when the elec¬ 
tors shall appear, or the vacancies shall have been filled as 
above provided, they shall proceed to perform the duties 
required of such electors by the Constitution and laws of 
the United States.” 



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